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201503380
<br />Attention: Collateral Department
<br />and to Trustor at its address set forth at the signature lines below, or at such other address as either
<br />party shall designate by written notice to the other party in accordance with the provisions
<br />hereof. Trustee's address is Wells Fargo Financial National Bank, c/o Wells Fargo Bank, National
<br />Association, BBSG San Antonio Loan Ops, 4101 Wiseman Blvd., Bldg 307, MAC T7422 -012, San
<br />Antonio, TX 78251.
<br />6.5 Successors: Assignment. This Deed of Trust shall be binding upon and inure to the benefit of the
<br />heirs, executors, administrators, legal representatives, successors and assigns of the parties hereto;
<br />provided however, that this Section does not waive the provisions of the Section hereof entitled Due on
<br />Sale or Encumbrance. Beneficiary reserves the right to sell, assign, transfer, negotiate or grant
<br />participations in all or any part of, or any interest in, Beneficiary's rights and benefits under the Note, any
<br />and all other Secured Obligations and this Deed of Trust. In connection therewith, Beneficiary may
<br />disclose all documents and information which Beneficiary now has or hereafter acquires relating to the
<br />Real Property, all or any of the Secured Obligations and /or Trustor and, as applicable, any partners, joint
<br />venturers or members of Trustor, whether furnished by any Trustor or otherwise.
<br />6.6 Rules of Construction. (a) When appropriate based on the identity of the parties or other
<br />circumstances, the masculine gender includes the feminine or neuter or both, and the singular number
<br />includes the plural; (b) the term "Real Property" means all and any part of or interest in the Real
<br />Property; (c) all Section headings herein are for convenience of reference only, are not a part of this
<br />Deed of Trust, and shall be disregarded in the interpretation of any portion of this Deed of Trust; (d) if
<br />more than one person or entity has executed this Deed of Trust as "Trustor," the obligations of all such.
<br />Trustors hereunder shall be joint and several; and (e) all terms of Exhibit A, and each other exhibit and/
<br />or rider attached hereto and recorded herewith, are hereby incorporated into this Deed of Trust by this
<br />reference.
<br />6.7 Severability of Provisions. If any provision of this Deed of Trust shall be held to be prohibited by or
<br />invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or
<br />invalidity without invalidating the remainder of such provision or any remaining provisions of this Deed of
<br />Trust.
<br />6.8 Governing Law. This Deed of Trust shall be governed by and construed in accordance with the laws
<br />of the State of Nebraska.
<br />6.9 Arbitration.
<br />(a) Arbitration - Binding Arbitration. Beneficiary and each party to this Deed of Trust hereby agree, upon
<br />demand by any party, to submit any Dispute to binding arbitration in accordance with the terms of this
<br />Arbitration Program. Arbitration may be demanded before the institution of a judicial proceeding, or
<br />during a judicial proceeding, but not more than 60 days after service of a complaint, third party
<br />complaint, cross - claim, or any answer thereto, or any amendment to any of such pleadings. A "Dispute"
<br />shall include any dispute, claim or controversy of any kind, whether in contract or in tort, legal or
<br />equitable, now existing or hereafter arising, relating in any way to any aspect of this Deed of Trust, or
<br />any related note, instrument or agreement incorporating this Arbitration Program (the "Documents "), or
<br />any renewal, extension, modification or refinancing of any indebtedness or obligation relating to this
<br />Deed of Trust thereto, including without limitation, their negotiation, execution, collateralization,
<br />administration, repayment, modification, extension, substitution, formation, inducement, enforcement,
<br />default or termination, or any request for additional credit. This provision is a material inducement for the
<br />parties entering into the transactions relating to this Agreement. In the event of a court ordered
<br />DeedOfTrust -NE Job 2027330610 - 1966041276 Term Loan Vers.1 05/15/2015 Page 16 of 20
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